INTRODUCTORY The City Council of the City
of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday,
March 16, 1998, in the Council Chamber of the City of Columbia, Missouri. The
roll was taken with the following results: Council Members CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, and JANKU were present. The
City Manager, City Counselor, City Clerk, and various Department Heads were
also present.

APPROVAL OF MINUTES The minutes of the regular
meeting of March 2, 1998, were approved unanimously by voice vote on a motion
made by Mr. Campbell and a second by Mrs. Crockett.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING
CONSENT AGENDA Mayor Hindman noted that
R67-98 would be removed from the agenda. Upon her request, Mr.
Campbell made the motion that Mrs. Crockett be allowed to abstain from voting
on R70-98. The motion was seconded by Ms. Coble and approved unanimously
by voice vote. The agenda, as amended, including
the Consent Agenda, was approved unanimously by voice vote on a motion made
by Mayor Hindman and a second by Mr. Campbell.

SPECIAL ITEMS None.

SPECIAL PUBLIC COMMENTS None.

PUBLIC HEARINGSB69-98 Authorizing
construction of a 16-inch water main on Clark Lane; calling for bids. The bill was given second
reading by the Clerk. Mr. Beck explained that this
proposed water main would be in the northeast part of the City and will replace
a 6" main approximately 5,100 feet in length extending from Hampton Inn to
Ballenger Place. The estimated cost of the project is $436,500, and
will be paid from the water and electric utility. Mayor Hindman opened the
public hearing. There being no comments,
Mayor Hindman closed the public hearing. B69-98 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL,
KRUSE, COFFMAN, HINDMAN, COBLE, JANKU. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:

B74-98 Approving
Hyde Park Planned Commercial C-P Development Plan. The bill was given second
reading by the Clerk. Mr. Beck explained that this
proposed development will be located at the southwest corner of Nifong and
Hyde Park Avenue. The Planning and Zoning Commission had recommended
approval with some conditions. One condition is that the north driveway
be narrowed to one-way, or eliminated, when Buttonwood Drive (south of Nifong)
reverts to a two-way street. The other condition is that Cooper Drive,
adjacent to the site, be constructed to City standards by the developer. Mr.
Beck said the goal at this intersection is to establish a network of streets
to bypass Route AC. Mayor Hindman asked if there
was some sort of policy regarding the distance of a driveway from an intersection. Mr.
Patterson said the north driveway meets the requirement for separation from
arterial streets -- up to a maximum of 125 feet. He said the minimum
is 50 feet. With respect to the freestanding
sign that is proposed to be 12 feet in height and 110 square feet, Mr. Kruse
said it had been noted in the report that similar dimensions were permitted
for the Custom Muffler C-P development plan. He said the sign Custom
Muffler actually constructed was less than the 110 square feet. Mr.
Kruse stated if this application had not been for a C-P development plan,
signage would have been limited to 12 feet high and 64 square feet -- yet
this proposal is for almost twice that. He was curious about the logic. Mr. Hancock said at the time
the Custom Muffler site was zoned and given permission for the signage, the
property to the east was still in a residential or office category. Additionally,
he reported as Nifong (east of Buttonwood) is considered a collector street
and there is a sign of that size permitted just to the west, staff felt it
fair to at least allow a sign of the same size to this applicant. Mr.
Hancock would liked to have seen the sign limited to the exact size that
Custom Muffler put in. Mr. Kruse asked if the proposal is for a monument
sign. Mr. Hancock believed it was, and noted that the plan denoted
an internally lighted freestanding sign with a maximum area of 110 square
feet, with the approximate location shown on the northwest corner. Mayor Hindman opened the
public hearing. John Huss, an engineer with
Trabue, Hanson, and Hinshaw, offered to answer any questions. Regarding
the sign, he said the specific design has not been developed, but the size
and height of the sign was basically as specified by staff and accepted by
the developer. He guessed that the sign would end up being smaller
and similar in size to the Custom Muffler sign. Mr. Huss pointed out
that this sign would be shorter and smaller than the one installed by Pizza
Hut, also east of Buttonwood. Mayor Hindman closed the
public hearing. B74-98 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL,
KRUSE, COFFMAN, HINDMAN, COBLE, JANKU. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:

B77-98 Authorizing
reconstruction project at the Eighth & Cherry parking garage and
Percent forArt
Project. The bill was given second
reading by the Clerk. Mr. Beck explained that this
would authorize the third phase of the City's overall parking program for
garages in the downtown area. With the anticipated completion of the
new Sixth and Cherry garage in June, staff would like to be in a position
to reconstruct the Eighth and Cherry garage. Mr. Beck reported that the
Eighth and Cherry garage had been built in 1968, and accommodates about 193
parking spaces. He stated that an alternate bid is proposed that would
establish some offices in the garage for the parking utility employees. These
offices are currently located at the Wabash Station. A rendering of the proposed
garage was displayed as to what the new structure would look like. Mr.
Beck reported that the reconstruction includes a new elevator to meet ADA
requirements, brick facade exterior panels, and improved lighting to assure
the facility is more user friendly. Mr. Beck stated this would
be the first structure in the community that would fall under the One Percent
for the Arts program. The estimated cost of the renovation project
is $2,286,000, which includes the artwork and the offices. He said
the offices would be bid separately as would the art. It is anticipated
that the project would take about a year for reconstruction. Mr. Beck
said it would be paid for strictly from user fees out of the parking utility,
and that there would be no property tax or other general funds of the City
utilized. Mayor Hindman summarized
there are two questions for the Council to consider; one being whether or
not to proceed with the reconstruction, and the other having to do with the
selection of the art for the facility. Mayor Hindman opened the
public hearing. Paul Albert, 2703 Parker,
said the current garage is perfectly good, the floor just need some work. Mr. Kruse asked if it could
be assumed that when finished, the garage will look like the picture displayed. Mr.
Beck said the Council would be able to select the color of the brick. Mr.
Kruse was curious about the glass stairwell. Mr. Patterson explained
that the glass would be tinted, but would allow for visibility so anyone
walking on the stairs could be seen from the street. Mr. Janku made the motion
that the staff be directed to proceed with final plans and specifications. The
motion was seconded by Mrs. Crockett and approved unanimously by voice vote. Martha Hills, Cultural Affairs
Manager, described the process followed by the Arts Commission and the Standing
Committee on Public Art regarding selection on the artwork for the Eighth
and Cherry garage. She reported that the Committee had met and reviewed
13 submissions. From those 13, three were requested to prepare full
proposals. She said those proposals were reviewed by the Standing Committee
and a recommendation was forwarded to the Commission on Cultural Affairs. Mr. Campbell noted that there
had been a public vote with the Jamboree project. He asked if there
was anything in this process that would enable such a vote to be taken before
a recommendation is made and submitted to the Council. Ms. Hills said
a public vote had not been incorporated, in fact, she reported the committee
wanted to recommend only one selection. After members from the staff
reviewed the proposals, a decision had been made to place all three selections
on public display. At that time, a comment box was made available. Mrs. Crockett asked if all
of the meetings had been advertised. Ms. Hills said unfortunately,
the first committee meeting was not advertised. Mrs. Crockett asked
if all of the meetings had been open. Ms. Hills said all meetings were
open to the public. Mr. Coffman asked if the
meeting that was not advertised had been the one where the three finalists
had been determined. Ms. Hills said that was correct. She said
there was also a recommendation at that meeting as to which proposal the
Committee felt should be awarded. K.C. Morrison, Vice-chair
of the Commission on Cultural Affairs, and one of the two commissioners serving
on the Standing Committee on Public Art, commended the Council for its part
in pioneering this first Percent for Public Art project. He said the
Committee was fortunate to have the input of artists, art historians, and
museum professionals. Of the three proposals, Ron Fondaw's design was
selected to be the recommendation of the committee. Mr. Fondaw's use
of color and shape to break the strong horizontals of the structure was impressive. Additionally,
Mr. Morrison noted that Mr. Fondaw's design addresses both sides of the building
and at all tiers. His use of the lighting element in the glass staircase
intrigued the committee as it transforms the site into a different work of
art at night. After review, Mr. Morrison noted that the Commission
had accepted the Standing Committee's recommendation by a vote of 8-1. He
noted that the design had also been presented to the Special Business District
Board of Directors, and added that many favorable comments had been received. He
said all three artists had their proposals displayed in the lobby of the
Daniel Boone Building. Mr. Morrison said the comments had been compiled
and were available. He distributed copies of those comments to the
Council. Molly Strode, 1300 Rosemary
Lane, spoke as Chair of the Standing Committee on Public Art and member of
the Cultural Commission. She explained that the procedure established
by the Council had been followed. She noted Mr. Fondaw's impressive
resume, and said he has numerous works of art in public places. The
Committee has complete confidence in his ability to complete the project
within the time frame and budget allowed. Ron Fondaw, 734 Elm, St.
Louis, Missouri, displayed slides of previous art projects. With regard
to his proposal for the Eighth and Cherry garage, he used the most essential
element of the automobile, the wheel, as the driving engine for the design. He
considered the entire building so the art would wrap around it. Mr.
Fondaw explained it is a very colorful design in cast colored concretes,
and he would like to match the colors with the existing bank across the street. Mr.
Fondaw said he would also be using strips of neon lighting in the atrium
area to act as signage at night. Robert Cunningham, 2504 Waterside
Drive, spoke as a member of the team which submitted the cast stone car project. Because
the Percent for Art program represents an expenditure of tax funds, he said
all decisions should be made in an open forum. The printed literature
for this project implied that would be the case, it specifically stated that
the Standing Committee would interview the contenders before making any recommendations. Mr. Cunningham said he was
told by the Cultural Affairs Office before a presentation had been prepared
that public opinion would be sought and given serious consideration. What
actually occurred was that the Standing Committee met to develop a recommendation
to the Cultural Affairs Commission. He said that meeting was not announced
to the public and no public input was sought or received. In addition,
no interviews with the top contenders were scheduled and apparently no minutes
were taken at that meeting. Subsequently, the artists were asked to
present proposals to the Cultural Affairs Commission in a public meeting
on February 25. Although the meeting was not well publicized, several
uninvolved citizens attended. After the recommendation was made (Mr.
Fondaw's project), comments were solicited from the public. Mr. Cunningham reported in
spite of Ms. Strode's endorsement, four of the five people that spoke stated
clearly that they favored the cast stone cars. When the Commission
members were asked for comments, at least four of the seven favored the cast
stone cars. Mr. Cunningham said the Chair then stated that if the Commission
overruled her, that would not mean the recommendation would go to the Council,
it would be taken back to the Committee. Mr. Cunningham thought her
mind had been made up in the earlier "closed door" meeting. He said
no merit was given to the opinions expressed at the public hearing. Following the Commission
meeting, the projects were placed on display in the lobby with a request
for public comment. Mr. Cunningham asked why the City would seek input
if it would not be considered, and why do it after the decision has been
made. As of last Friday, he said 32 of the 40 people who expressed
an opinion on the proposals favored the cast stone cars. He asked that
the public input that was requested not be ignored, and to allow a vote by
the people as they will ultimately pay for the project. Speaking for
his daughter, and the other tax payers of Columbia, Mr. Cunningham asked
that a decision on the proposals be put to a vote. Regarding his project, Mr.
Cunningham explained that cast stone is permanent and pretty destruction
proof. Since the Committee meeting, Mr. Cunningham agreed the artwork
could be placed over each entry to the garage. Ms. Coble asked Mr. Cunningham
if the proposal he had presented to the Standing Committee and the full Commission
had included just the one cast stone sculpture over the Cherry Street entrance. Mr.
Cunningham said that was correct. He said a person at the Commission
meeting had asked about creating a second piece. Mr Janku asked Mr. Cunningham
about his resume. Mr. Cunningham said he had been working as an architect
since 1969 and has received a number of design awards. He said those
had been typically campus projects which require very strict deadlines. Mr.
Janku asked about the ability to get the job done. Mr. Cunningham explained
that his daughter is actually the sculptor, and would be working with a company
that does the actual castings. The person doing the castings has done
all of the sculpture work at the Kansas City Zoo. Mr. Cunningham said
his daughter has done a great deal of clay modeling, and he explained the
process. Mayor Hindman reported during
the Jamboree selection process, there had been committee and public involvement,
and the two agreed on the same recommendation -- in favor of Jamboree. In
this instance, what little public input there was had been different from
the committee's recommendation. If public comments are considered and
the result is a different recommendation from that of the Committee, the
Council would be placed in a tie-breaker position. Mr. Cunningham said
that was correct, but he felt the recommendation before the Council was created
at a meeting that was not open to the public. It was his opinion that
the selection process should not be handled in this manner. Mayor Hindman
said there is no question that there should have been proper notice given. Anthony Addison, 2407 Shepard,
said at the public hearing on art he had stated that he preferred the Cunningham
art work to the other pieces. In any case, Mr. Addison had a real problem
with applying pieces of art to public buildings, instead of allowing art
on or in public buildings. Applying such suggests that something designed
as art is added to something that is designed without art. He said
no architect designs a building merely as a utilitarian structure. He
stated an architect designs as pleasing a building as is possible within
his or her talent and budget. Mr. Addison said if the budget does not
permit anything but a utilitarian structure, than the one percent funding
should be made available to the architect. The chances of creating
a unified style would be far greater. At the very least, Mr. Addison
thought the architect should have major input into the choice of applied
art work. Mike McReynolds, 2500 Hillshire
Drive, was disappointed that the project chosen was by the one finalist from
outside Columbia. He is in favor of the Cunningham project. He
asked the Council to support local artists and specify, whenever possible,
this condition. Libby Gill, 500 Westmount,
agreed with the Committee. In viewing the building, the Fondaw art
seemed to get more bang for the buck. She said there is color going
up the corner of the building, and the lighting at night provides a different
aspect than what is viewed in the daytime. Mariel Stephenson, 2111 Rock
Quarry Road, spoke on behalf of her mother and herself. She thought
in the future, the committee should be directed to give top priority to the
local artists. She had no objection to the techniques that were legislated,
only that the publicity was highly lacking in this particular case. She
had not been aware of the initial meeting or she would have attended. She
had been unable to attend the second public meeting. Ms. Stephenson
could not recall any publicity being put out about the lobby display of the
three projects. She asked where it had been advertised and how widely
it had been publicized. She would like to see the community involved
in the selection process. Arlene Maminta, 1700 Forum,
spoke in support of Ron Fondaw's work. She said Columbia's downtown
is a reflection of the entire City. Most importantly, she thought the
process by which the piece was chosen should be honored. Ms. Maminta
said the Standing Committee and the Commission were appointed to represent
the citizens of this community on cultural issues, and it is important to
honor their hard work and efforts by supporting their decision. Jerry Thompson, a local architect
and artist, said he was at the last meeting of the Commission where the decision
was made for the Fondaw piece. He questioned why he had not seen the
architect at that meeting or tonight. He said when art is placed on
a building, this alters the piece of art that is already there. Mr.
Thompson said if art is to be an integral part of a building, the architect
should have some input in the process. In rebuttal, Ms. Strode said
that every one of the finalists had been given the architect's name and phone
number. She said all of the finalists had contacted the architect and
had discussed the project with him. Ms. Strode noted that the architect
is from Kansas City, not Columbia. Mayor Hindman closed the
public hearing. Mayor Hindman asked Ms. Hills
about the publicity regarding the display in the lobby. Ms. Hills said
information on the proposals had been featured on the radio and there had
been a half page picture in the paper of the projects on display. Regarding
the issue of using local artists, Ms. Hills understood that Mr. Cunningham's
daughter was not living in Columbia. Mr. Cunningham said his daughter
lives in Kansas City and would be there for the next two years. He
said her permanent address is in Columbia, and that she is a graduate of
the University of Missouri. Mr. Campbell commented that
he thought the selection process needs improvement, and he felt the commission
would agree with that. He noted that the first committee meeting had
been open to the public, but not advertised. Mr. Campbell firmly believed
that this is public art and the public should have input into it. As
part of the process, he thought there should be a preliminary decision made
by the committee, and then thorough exposure and vote by the public. He
thought proposals should be displayed where there is a considerable amount
of traffic. Mr. Campbell said he would like to see the selection process
incorporated as part of the Fall Festival. As far as which piece of
artwork should be chosen for this project, Mr. Campbell thought they were
both attractive in their own unique ways -- with one being more realist and
the other being more abstract. Based on all of the hard work the Committee
has done, Mr. Campbell said he was in favor of accepting their recommendation
with the hope that the process will be clarified and modified for future
work. Mr. Janku agreed with the
comment regarding the process, and reported that this is the first project
since the Council established the One Percent for the Arts program. He
said as the City moves forward with other projects, staff could ensure that
the proper process is followed and that there is more public input. Regarding
local artists, Mr. Janku said he wished a local artist had gotten the recommendation. Personally,
he did not think a circle should be drawn around the City of Columbia, which
might imply that local artists are not good enough to compete against artists
from other communities. He said artists from Columbia compete around
the country, and he thought the competition should be open here as well. Mr.
Janku reported the program has received significant funding from the national
government and the state government, so for it to be said this is exclusively
local tax dollars at work really is not accurate. He said although
the process was not as appropriate as the Council would have liked, he thought
he would support the Committee's recommendation. Mrs. Crockett asked Ms. Hills
if the final selection had been made when the three projects had been put
on display downstairs. Ms. Hills said the Standing Committee had already
selected Ron Fondaw's proposal at that point. Mrs. Crockett asked what
the purpose had been for displaying the proposals if the recommendation had
already been made. Ms. Hills said the Standing Committee suggested
that only one piece be forwarded on for Council consideration, but she had
been overruled. Mrs. Crockett asked by whom she had been overruled. Ms.
Hills said she had been overruled by the staff. Mrs. Crockett asked
if there was a reason the first committee meeting had not been publicized. Ms.
Hills said it was a complete oversight. Mr. Beck said the proposals
had been displayed on the fourth floor for Council review before the last
meeting and, per Council direction, he had announced during the meeting that
the artwork would be available for public viewing in the lobby of the Daniel
Boone Building. Mayor Hindman said the Standing
Committee had only made a recommendation for Council consideration, not a
final selection. He thought what has been learned is that there should
be a lot of public input in the process, whether it goes to the Committee
or to the Council. Mayor Hindman reported he is inclined to support
the Committee's recommendation. Mrs. Crockett said she is
inclined to go that way also, but wanted it made clear that she is not pleased
with the process that had been followed in this instance. Mr. Janku mentioned that
the Committee's responsibilities is not just to select the art in terms of
its aesthetic appearance, but supposedly they have the expertise to evaluate
the durability of the art, and to determine if the project can actually be
constructed at the cost the artist is proposing. He said there is a
lot that goes into the Committee's evaluation other than just the aesthetics
of a particular piece. Mr. Kruse agreed that there needs to be
additional public input in the future. His preference is that the input
be obtained before the Committee recommendation to the Commission. He
said there are people on the Committee that have a lot more expertise in
this field and are able to understand how it would actually look. Mr.
Kruse said he is willing to trust their judgment. Ms. Coble pointed out that
the members of the Standing Committee, as well as those on the Commission,
are the "public". She said there had been nothing suspicious about
making the selection, it was a process matter. She said the posting
issue was an error, but did not think that necessarily damaged the full process. In
the future if public votes are structured, Ms. Coble asked that it not be
done at the Mall. Mr. Coffman agreed staff
should look at making the public input more meaningful and more available. He
would like to see enough information disseminated so that people could give
informed comments. In view of the concern regarding
public input, Mr. Campbell thought it would be helpful if projects could
be reviewed during the Fall Festival. He said it would be an appropriate
setting for people to look at projects planned for the future. Mr. Janku made the motion
that the Council accept the Committee's recommendation. The motion
was seconded by Mr. Campbell and approved unanimously by voice vote. B77-98 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL,
KRUSE, COFFMAN, HINDMAN, COBLE, JANKU. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:

R69-98 Approving
the FY97 CDBG and HOME Performance Report. The resolution was read by
the Clerk. Mr. Beck noted that HUD requires
that the City prepare a citizen's participation plan each year. He
said this hearing information would be submitted to HUD. Mayor Hindman noted that
the U.S. Conference of Mayors is educating communities to recognize the value
of the CDBG program. He said they encourage communities to sponsor
a CDBG Day to ensure the public is fully aware of the benefits received from
Community Development Block Grant funds. He thought it would be a good
idea to promote what the City does with the funds. Mayor Hindman suggested
that highlights of the report be disseminated to the public regarding the
importance of CDBG funds. Mr. Beck said a Channel 13 program could
be developed. Mr. Janku agreed and added
that last year Columbia had received national recognition for the Home Ownership
Program funded through this process. Mayor Hindman opened the
public hearing. Reverend William Young, 1801
W. Worley, explained that he is opening a church in Columbia, and is also
Pastor of the Bear Creek Mission. He said these entities are instituting
a community development corporation in town, and had been working with the
Community Partnership Program, Caring Communities, and several other programs. The
focus of the corporation is to find ways to increase minority participation
in the program. In discussions with the Planning Department, Mr. Young
said there are some requirements for qualifications that have been addressed,
yet a reason for the lack of minority participation still needs to be determined. Reverend
Young is hopeful that an increase in numbers will be seen next year in relation
to what is shown in the 1997 report. Mayor Hindman thought it
is important for the City to help individuals get into a position to qualify
for the program. He noted that the Community Development Commission
has an opening for a resident from the first ward. He explained that
members of this Commission are the citizens advisory group on community development
matters. Mr. Campbell suggested that
Reverend Young also contact the consortium called Boone Works. He thought
there might be some funds available through the Welfare to Work Program that
might help with what they were trying to accomplish. Mayor Hindman closed the
public hearing. The vote on R69-98 was recorded
as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE, JANKU. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:

OLD BUSINESSB73-98 Approving
final plat of Watson Place, Plat 2; variance to section 25-43 of SubdivisionRegulations
regarding additional right-of-way requirements. The bill was given second
reading by the Clerk. Mr. Beck explained that this
plat is located in the older part of the city when streets were dedicated
with different requirements then established today. This final plat
had been recommended for approval by the Planning and Zoning Commission,
with a variance to the street right-of-way that would leave the right-of-way
the same width as currently exists. Jack Waters, owner of the
property, offered to answer any question regarding the proposal. B73-98 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL,
KRUSE, COFFMAN, HINDMAN, COBLE, JANKU. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:

B75-98 Voluntary
annexation of property owned by Mike and Tammy Wulff located at 2711
MillCreek
Terrace. The bill was given second
reading by the Clerk. Mr. Beck explained that annexation
had been requested by the property owners, and there is one single family
dwelling on this 3.7 acre tract located in south central Columbia. The
future request for zoning would be A-1. Mayor Hindman asked if the
property would automatically be annexed into the City with A-1 zoning. Mr.
Beck said the property would be zoned R-1 for six months, and could then
be changed when a rezoning request is received. B75-98 was given third reading
with the vote recorded as follows; VOTING YES: CROCKETT, CAMPBELL,
KRUSE, COFFMAN, HINDMAN, COBLE, JANKU. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:

B78-98 Confirming
the contract of C. L. Richardson Construction Company for the construction
ofFlood
Relief Structure at Wetlands Treatment Unit No. 3, and appropriating funds. The bill was given second
reading by the Clerk. Mr. Beck noted that three
bids had been received, with the low bid submitted by C. L. Richardson in
the amount of $192,393.80 being recommended. He pointed out that $149,525.00
would be paid by the federal government, $14,952 would be paid by the state,
leaving $65,297.80 coming from the Sanitary Sewer Utility fund. B78-98 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL,
KRUSE, COFFMAN, HINDMAN, COBLE, JANKU. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:

CONSENT AGENDA The following bills were
given second reading and the resolutions were read by the Clerk.

B68-98 Appropriating
funds for payment of installing fiber optic cable to the Parks ManagementCenter,
the Wastewater Treatment Plant, and the Landfill.B70-98 Vacating
utility easements and street right-of-way for an unbuilt portion of Rockman
Lanein
Nifong Village Subdivision.B71-98 Approving
final plat of Nifong Village Subdivision Plat No. 3.B72-98 Approving
final plat of Garden City, Plat 8, a major subdivision.B76-98 Authorizing
an agreement with Missouri Highway and Transportation Commission relatingto
Phase IV of the Bear Creek Trail project.R60-98 Setting
a public hearing: playground renovations and improvements at various City
parks.R61-98 Setting
a public hearing: special assessments against property benefiting from thesidewalk
construction along portions of Katy Lane and Blue Ridge Road.R62-98 Setting
a public hearing: improvements to the intersections of Eighth and Walnut,Broadway
and Sixth, Broadway and Hitt, and Broadway and Waugh.R63-98 Authorizing
an amendment to the agreement with the Missouri Highway andTransportation
Commission for transportation planning services.R64-98 Authorizing
an amendment to the agreement with the Division of Family Services for the1997
Emergency Shelter Grant Program.R65-98 Authorizing
an amendment to the agreement with Family Counseling Center of Missouri,Inc.
for school aged counseling services.R66-98 Authorizing
an agreement with Very Special Arts Missouri and Services for IndependentLiving
to conduct a watercolor workshop.R68-98 Authorizing
an agreement with Boone County for animal control services.

The bills were given third
reading and the resolutions read with the vote recorded as follows: VOTING
YES: CROCKETT (except B70-98 and B71-98 on which she abstained),
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU. VOTING NO: NO
ONE. Bills declared enacted and resolutions declared adopted, reading
as follows:

NEW BUSINESSR70-98 Approving
preliminary plat of Country Farms, Plat 2; variance to subdivision regulationsregarding
direct driveway access. The resolution was read by
the Clerk. Mr. Beck explained that approval
of this preliminary plat had been recommended by the Planning and Zoning
Commission on a 4-1 vote, with one member abstaining. The tract contains
20.6 acres and is located in south central Columbia. This would create
six lots, with one lot being connected directly to Vawter School Road. Mr.
Beck understood that this plat had been worked out at the time the County's
road plan was prepared for this area. The vote on R70-98 was recorded
as follows: VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE,
JANKU. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Resolution
declared adopted, reading as follows:

R71-98 Approving
the revised preliminary plat of Thessalia Subdivision. The resolution was read by
the Clerk. Mr. Beck noted that the Planning
and Zoning Commission recommended approval of this preliminary plat on a
6-0 vote. He said it would change a through street to a cul-de-sac
street. Staff felt there would still be good traffic circulation. He
said staff also looked at a potential greenbelt situation and understood
the developer would possibly dedicate one lot to the City for greenbelt use. The vote on R71-98 was recorded
as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE, JANKU. VOTING NO: NO ONE. Resolution declared adopted,
reading as follows:

R72-98 Approving
the Charter of the Hinkson Creek Valley Neighborhood Association andrecognizing
it as the official neighborhood organization. The resolution was read by
the Clerk. A map was displayed on the
overhead outlining the boundaries of the proposed neighborhood association. Comments were called for
with none received. The vote on R72-98 was recorded
as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE, JANKU. VOTING NO: NO ONE. Resolution declared adopted,
reading as follows:R73-98 Approving
the Charter of the Hominy Branch Neighborhood Association and recognizing
itas
the official neighborhood organization. The resolution was read by
the Clerk. A map was shown outlining
the boundaries of the proposed organization. Mr. Beck said this proposed
association also met the Council guidelines. Mayor Hindman asked how the
boundaries are selected. Mr. Hancock explained that there is a policy
that was adopted in 1974, and amended in 1977, that outlines the procedures
for forming a neighborhood organization, how bylaws should be structured,
and how the boundaries are developed. He said it is somewhat flexible
as long as affected residents are given reasonable notice that they are included
in the proposed association. At that point, a petition is submitted
and an organizational meeting is held. Mr. Coffman asked what would
happen if someone came in with an application for another association that
would overlap these boundaries. Mr. Hancock said that has happened
in the past and it would get worked out. Carl Skala, 5201 Gasconade
Drive in the Meadowlands Subdivision, offered to answer any questions. Mr. Coffman thanked Mr. Skala
for getting involved. He noted that neighborhood associations provide
a great service for the City. The vote on R73-98 was recorded
as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE, JANKU. VOTING NO: NO ONE. Resolution declared adopted,
reading as follows:

R74-98 Authorizing
the temporary placement of trailers and mobile homes at the Trinity
LutheranChurch
property at 2201 West Rollins. The resolution was read by
the Clerk. Mr. Beck understood that
a copy of the Church's request had been circulated throughout the neighborhood,
and there appeared to be no opposition to the project. Mark Pfeiffer, an attorney
with offices at Tenth and Cherry, spoke on behalf of Trinity Lutheran Church. He
displayed the architect's sketch of the project. Mr. Pfeiffer noted
on the drawing where the recreational vehicles would be parked during the
seven month period of time, which would vary from two to eight trailers at
any given time. He pointed out that an eight foot chain link fence
with privacy slats will be installed around the perimeter of the property,
which would hide all but the tops of the recreational vehicles or trailers. Mr. Pfeiffer said the purpose
of the new structure is to provide additional facilities for pre-toddlers
to have an opportunity for a safe and clean environment. He reported
that although he is not a member of this particular church, he thought this
is a worthwhile project for the entire community. Mr. Pfeiffer stated
that the church is non-denominational and, therefore, open to the entire
community. Mr. Pfeiffer explained Laborers
for Christ is comprised of retired people from across the country that participate
in these kinds of projects to help reduce costs. He said the only way
the Church can work on this project now, as opposed to five years from now,
is to employ this volunteer organization, which is much like Habitat for
Humanity. Mr. Campbell thought this
is a good project, and complimented the Church on reaching out to the neighborhood
and obtaining their cooperation. The vote on R74-98 was recorded
as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE, JANKU. VOTING NO: NO ONE. Resolution declared adopted,
reading as follows:

The following bills
were introduced by the Mayor, unless otherwise indicated, and all were
given first reading:

B79-98 Approving
the final plat of Thessalia Subdivision, Plat 3, a major subdivision.B80-98 Approving
a replat of Lot 87 of Country Club Villas III.B81-98 Approving
final plat of Stoneridge Estates, Plat 1, a major subdivision.B82-98 Approving
final plat of Central Company Subdivision, a minor subdivision.B83-98 Establishing
permanent R-1 zoning on property owned by S.E.R.R., LLC located on thesouth
side of Thompson Road, east of Garden City.B84-98 Establishing
permanent A-1 zoning on property owned by Raymond and Bertha Johnstonlocated
on the southwest corner of Vawter School Road and Old Mill Creek Road.B85-98 Establishing
a "Scenic Roadway Area" on a portion of Rock Quarry Road.B86-98 Accepting
and approving the sidewalk construction project on Katy Lane and Blue RidgeRoad;
approving engineer's final report; levying and assessing special assessments.B87-98 Calling
for bids for the reconstruction and rehabilitation of the parking structure
at Eighthand
Cherry Streets.B88-98 Authorizing
Change Order No. 1 to the contract with Paric Corporation for the Sixth andCherry
Parking Garage.B89-98 Authorizing
an agreement with Boone County to relocate highway-rail crossing at SpivaRoad;
appropriating funds.B90-98 Accepting
a conveyance of permanent utility easement from State of Missouri.B91-98 Appropriating
funds for repair of generator #8 at power plant.B92-98 Accepting
conveyances from Cal-Grath, Inc., Lifestyle Homes, Fred and Cheryl Overton,and
John A. Swartz for utility purposes.B93-98 Authorizing
construction of playground renovations at various City parks and determiningthe
work shall be done by City forces.

REPORTS AND PETITIONS(A) Connecting
Commercial Developments (Shared Access). Mr. Janku said this issue
came to his attention due to problems encountered when shopping areas develop
near intersections that initially contains very little traffic, and then
as the intersections become more busy, there is not enough interconnection
for traffic to easily egress or come out to a central stop sign. There
are some clear examples where problems could have been prevented, and he
is hopeful to do so in the future by an appropriate ordinance. Mayor Hindman agreed. He
had concerns about commercial developments on corners that do not establish
a shared access. He said if this access is not developed, it will lead
to a similar situation that exists at Providence Road and Route AC. Mayor
Hindman is not clear as to whether or not an ordinance would address that
problem. Mr. Janku thought the staff
had worked out a condition that a plan must be in place for an entire piece
of property that involves large tracts under one ownership, not just for
the portion being platted. He saw the problem as being at what point
should a plan be required when a rezoning request comes in from a contract
purchaser that would provide a link to the larger adjoining property. The Mayor did not think the
public should be caught with a bad situation, and felt more thought should
go into those kinds of situations. Mr. Campbell saw two different
sets of problems, one of which the Mayor referred to regarding existing situations
where property has already been platted. He thought the Council should
clearly set the goal for new plattings. Mayor Hindman envisioned
a problem with new plattings involving individual owners when only one is
ready to begin development. He is also bothered by driveways that are
too close to corners, similar to the situation at Forum Shopping Center. Mr. Campbell made the motion
that staff be directed to prepare a draft ordinance to be referred to the
Planning and Zoning Commission for public hearing, review, and recommendation
to the Council. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.

(B) Proposed
Revisions to the Parking Lot Screening and Landscaping Requirements. Mr. Beck noted that this
report was generated to better address the distribution of trees in parking
lots. Mayor Hindman thought most
of the staff suggestions were pretty good. He suggested asking for
a draft ordinance that incorporated the suggestions. Mrs. Crockett asked if a
landscape architect is a registered architect. Mr. Hancock believed
such a person needed to be licensed and registered. Regarding parking lot designs
and standards, Mr. Janku asked if there were any guidelines that could be
applied based on regulations. Mr. Janku asked if there were any provisions
for cross traffic in any of the standards. He also wondered about any
standards for stop sign placement. Mr. Patterson said there were not
any specific standards other than breaking the parking lot up with 150 spaces. He
said there are standards with regard to width of spaces and width of lanes
between parking areas. Mr. Hancock pointed out that the previous report
addressed access between parking lots. He said staff would try to look
at that as well. Mr. Campbell asked about
the maintenance of plant materials and how long dead trees could be left
before replacement must occur. Mr. Patterson said if the trees are
part of the required landscaping in the zoning ordinance, it becomes a violation
of the zoning ordinance if these are not replaced (there is a notification
and enforcement process in place). However, if the trees in question
are in excess of the minimum landscaping requirements, there is not much
the city can do. Mr. Coffman thanked the staff
for the report and said he liked all of the recommendations. He had
been initially concerned about the Hollywood Theatre complex as so many of
the trees seemed not to be in the parking lot. He thought buffer strips
with trees situated in various locations throughout large parking lots was
simple and a good way to go. Mayor Hindman pointed out
that the Hollywood Theatre had voluntarily planted trees in their parking
lot. Mr. Coffman made the motion
that staff be directed to draft an ordinance incorporating the recommendation
in the report to be sent to the Planning and Zoning Commission for their
review and recommendation to the Council. The motion was seconded by
Mr. Kruse and approved unanimously by voice vote.

(C) Adopt A Spot
Beautification Update. Mr. Beck explained that the
report showed that since November of 1996, 22 beautification Adopt A Spot
partnerships have been formed. Mr. Janku asked Mr. Beck
if any additional information had been obtained regarding the possible adoption
of the downtown planters. Mr. Beck said he would bring that up again
as he thought these planters should be adopted. Mr. Beck also suggested
instead of installing a sign referencing the individual/business responsible
for adopting the site, a small plate could be attached to the side of the
planters. Ms. Coble said she had asked
about the possibility of an Adopt A Kiosk for the downtown area. She
is still waiting for a report. Mr. Beck said he would find out who
is working on it and report back. Mayor Hindman said he is
pleased with the progress in the City's volunteer world.

(D) Street Closure
Request. Mr. Beck said this is an
annual request for Palm Sunday, April 5th, to close East Broadway and Ninth
Street at Eighth and Tenth Streets and East Walnut and Cherry Streets, between
9:45 a.m. and 11:15 a.m. He said the Central Columbia Association had
recommended approval. Ms. Coble made the motion
that the request be approved. The motion was seconded by Mr. Kruse
and approved unanimously by voice vote.

BOARDS AND COMMISSIONS Upon receiving the majority
vote of the Council the following individuals were appointed to the following
Commission.

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC Regarding street closure
requests, Mr. Campbell said he had received a call from someone who had received
a letter from the Police referencing that there would be charges made for
police units used to escort certain groups. Mr. Campbell said if there
is to be such a policy, he would like to see it referred to the Council for
thorough discussion. Mr. Beck said the implementation of the policy
has been placed on hold. He said staff is working on a more defined
policy that could be publicized. Mr. Beck suggested that a report be
submitted to the City Manager's office so he could refer it to the Council. Ms. Coble said she had been
receiving a lot of calls regarding the Community Policing Program. She
said it is difficult to answer the questions she has been getting given the
scale and the size of the map that one has to refer to. She asked if
there was a way the Police Department could produce materials that would
show in greater detail (in a larger size) who the beat officers are by shift
for the different sections/grids of the City. It would also be helpful
to provide an overlay that outlines where the neighborhood association boundaries
are as well. In addition, Ms. Coble suggested there might be an opportunity
to include the telephone numbers for the two Captains and the non-emergency
numbers in the department, and a listing of volunteer opportunities within
the City. She said this could be a resource guide that would not have
to be very expensive to print. Ms. Coble asked for a report or a determination
of the feasibility. Deputy Chief Veach said staff
had already done quite a bit of what Ms. Coble described. He said there
is a very large map in the lobbies of the police department and the Daniel
Boone Building. He said much of the information had also been made
available through City Notes. Deputy Chief Veach pointed out that the
Neighborhood Association Convention would be held this Friday. He reported
the department would be there in force to supply all of the requested information. Deputy
Chief Veach said staff would work on the other issues mentioned. Ms. Coble thought this is
a measure of the success of the community policing program -- the types of
calls she is receiving has changed from specific problems to a desire by
residents to connect with "their officer". Mr. Janku commented that
this is the time of year staff begins to develop recommendations for Community
Development Block Grant funding. He wanted to make a pitch for the
sidewalk connecting Business Loop and Texas, crossing I-70. He said
it is shown on the Master Plan as a priority sidewalk. He said it had
been noted that the walk would provide access for students attending Hickman
High School, as well as providing access to Cosmo Park and north Columbia. Mr. Janku noted that the
East Campus Neighborhood Association is sponsoring a beautification day. He
asked that other neighborhood associations be notified about working with
the staff in terms of dumpsters that would help with neighborhood clean-ups. Mr. Campbell spoke about
the conference on Sustainable Cities to be held from April 9th-10th at the
University. He said one thing the Council could do would be to look
at City ordinances. He said mono-zoning has been encouraged for decades,
and now there is a need for more viable, integrated types of zoning. He
thought one area to look at would be the planned urban development zone,
something on the books that is seldom used. He passed out a preliminary
idea sheet that he thought the Council might want to discuss at a later time. Mr. Kruse suggested looking
into a more wheelchair accessible area in the Council Chamber. He was
interested if an area would be available more near the door, up in front. Mr.
Beck explained that a row of seating had been taken out so that people could
approach the podium in wheelchairs down the center aisle. Mr. Coffman asked about the
status of the traffic light at Audubon and Stadium. Mr. Patterson reiterated
that the developer has an engineer hired and they would be doing the plans
and specifications. He said it would be up to the Highway Department
for approval. Mr. Patterson said when he got something on it he would
bring it to the Council. Mayor Hindman said the Council
had approved the engineer's report for sidewalks along Forum and Katy Lane. Although
the sidewalk system runs almost from the MKT Trail bridge on Forum up to
Stadium, he said there is no good access to the Trail. He wondered
if there should be something that either goes across the bridge to the parking
lot entrance, or maybe a connection to the Trail. Mr. Kruse mentioned an article
by Nick Peckham regarding PUD's. He said it was a very well-written
article, and thought the Council needed to look at developing a traditional
neighborhood development ordinance. He said there were models for them
around the country, and added that he did not think it necessarily needed
to supersede the City's existing zoning ordinances. Mr. Kruse reported
it would be another alternative for a subdivision. Mayor Hindman said if such
an ordinance is created, the City would need to make it economically beneficial
so the developer would want to use it. Mayor Hindman asked if he
understood correctly that there are no landscaping requirements on industrial
land. Mr. Kruse said the landscaping ordinance does apply to industrial,
it applies to everything zoned from R-3 and above. Mr. Janku said at the last
meeting the Council had approved the zoning request for a large industrial
tract on 763. He did not think the developer had been required to install
sidewalks, or even any kind of temporary path, but it would certainly be
helpful if there could be some sort of pedestrian path. Mayor Hindman thought there
was a requirement for sidewalks on industrial land unless it is found there
is no need. Mr. Hancock said there is a clause in the subdivision regulations
that stipulates walks are required unless the Planning and Zoning Commission
or the Council feels they are not needed. Mr. Hancock said the property
Mr. Janku was referring to would have to be subdivided, and the applicant
would have to go through a variance process. Paul Albert, 2703 Parker,
spoke about the Eighth and Cherry garage. Jan Pritchard, 3505 Rock
Quarry Road, spoke on behalf of the Grindstone/Rock Quarry Neighborhood Association
Committee on Scenic Roads. She was aware the ordinance had been introduced
this evening regarding establishing Rock Quarry as a scenic road, and that
it would be voted on April 6. She noted the original ordinance was
passed on March 17, 1997, almost exactly one year ago. Ms. Pritchard
thought the ordinance is very workable now, and felt all issues had been
addressed. At the Planning and Zoning Commission meeting, she reported
Jeff Barrow had said he would like to see some kind of signage at the north
end of the road identifying Rock Quarry as a scenic road. Ms. Pritchard
noted that the owners of the Sinclair Station had approached her and said
they would discuss the possibility of allowing the sign to be put on the
edge of their property, at the head of the road, so it could be seen from
Stadium Boulevard. She thought this issue could be discussed once the
road is designated as scenic. Mayor Hindman made the motion
that the Council adjourn to a closed meeting immediately following this meeting
to consider litigation in accordance with the authority of Section 610-025
RSMo. The motion was seconded by Mr. Janku with the vote recorded as
follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE, JANKU. VOTING NO: NO ONE. Motion passed. The meeting adjourned at
10:20 p.m.